Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers.
Under the law, which went into effect immediately, most Indiana employers who require employees to receive the COVID-19 vaccine must allow employees to opt out from the requirement based on any of the following: (1) medical reasons; (2) religious reasons; or (3) employee immunity from COVID-19 based on a prior infection with COVID-19.
Under the law, the term “employee” means “an individual who works for an employer on a full-time or part-time basis, either paid or unpaid.” The term also expressly includes independent contractors, subcontractors, and student trainees or interns.
Certain employers, however, are not subject to the vaccine mandate restrictions. The law does not apply to federal employers, federal contractors and healthcare facilities subject to a federal COVID-19 immunization requirement, and professional sports organizations and entertainment venues with employees who work in close proximity to live sports or entertainment.
To claim an exemption based on medical reasons, an employee must provide to the employer an exemption statement in writing affirming the vaccine is medically contraindicated for the employee. The statement must be dated and signed by a licensed physician, a licensed physician’s assistant, or an advanced practice registered nurse. The medical provider must have examined the...
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